Law Criminal law Essay Example | Topics and Well Written Essays - 1000 words

Law Criminal law - Essay Exampleblished in the typeface of R v Abdul Hussain, Aboud, Hasan, Naji, Muhssin, Hoshan 1999 CLR 57 it was held that in order to establish duress as a self-abnegation it had to be established that there was imminent peril of remnant or sobering injury. However, as established in the Hoshan case it was held that whilst the period of time elapsing between the peril and the Defendant act was relevant, it wasnt determinative. In the case of Linda must further demonstrate that she was forced to act and give a false explain due to a mediocre fear of injury. Secondly, she must punish the objective test that a reasonable person would have responded to the threat in the same or similar manner as she did R v Graham 1982 1 WLR 294.Alternatively, as established in the case of R v Hasan 2005 UKHL voluntary sleeper with criminals known to be violent will prohibit the defence mechanism of duress. As such, this whitethorn prejudice Lindas ability to rely on the d efence.b) Richard will not be able to rely on the defence of duress as there is no immediate risk of harm or death. However, he may be able to rely on the defence of necessity, which is again limited in scope (R v Martin 1989 1 ALL ER 652. If Richard can establish that the alternative of waiting for an ambulance would have resulted in serious harm to his wife then he may be able to rely on the defence of necessity. Again, he would have to satisfy the objective test that a reasonable person would have acted in the same or similar manner R v Graham 1982 1 WLR 294.c) Whilst necessity is not a defence per se, if Sandra can demonstrate that there was a real risk of injury or death (which there was in this case) she will have strong grounds for relying on the defence of necessity ((Re A Minors) Conjoined Twins Medical Treatment) 4 All ER 961. Sandra will also have to satisfy the objective test. However, if her defence of necessity fails, she will be potentially liable for involuntary mans laughter due to the deprivation of mens rea for